Claimant v Mitie Limited
Outcome
Individual claims
The Respondent failed to apply a contractually due 5.5% pay uplift (backdated to 1 April 2024) to all aspects of pay including holiday pay, sick pay, overtime, and HCAS payments. The Respondent did not attend or defend the claim, and the tribunal was satisfied that the shortfall was correctly calculated.
The Respondent made unauthorised deductions by failing to pay the full 5.5% uplift on all contractual payments. The uplift was applied only to basic pay, not to holiday pay, sick pay, overtime, or HCAS payments. The Respondent did not dispute the claim or the calculations provided by the claimants.
Facts
Twenty-six claimants employed by Mitie Limited brought claims for breach of contract and unauthorised deductions from wages. The respondent had implemented a 5.5% pay uplift backdated to 1 April 2024 and paid this on 11 November 2024, but calculated it only on basic pay rather than on all contractual payments including holiday pay, sick pay, overtime, and HCAS payments. The respondent did not file a defence or attend the hearing.
Decision
The tribunal found both claims well-founded. The respondent did not dispute that the 5.5% uplift was contractually due on all aspects of pay or that the payments made fell short. Twenty-two claimants were awarded sums ranging from £189.54 to £588.78, totalling £5,909.30. Four claimants did not pursue compensation.
Practical note
Employers who implement pay uplifts must ensure they are applied to all contractual payments, not just basic pay, or risk successful claims for breach of contract and unlawful deduction of wages.
Award breakdown
Case details
- Case number
- 2310208/2024
- Decision date
- 19 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Mitie Limited
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No